United States v. David M. Donaldson

2 F.3d 1158 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. David M. DONALDSON, Defendant-Appellant. No. 92-55979. United States Court of Appeals, Ninth Circuit. Submitted July 21, 1993. Decided Aug. 2, 1993. Before BROWNING, TANG and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 David M. Donaldson, a federal prisoner, appeals pro se the denial of his 28 U.S.C. Sec. 2255 motion to vacate his sentence imposed following his conviction for four counts of failure to file income tax returns, in violation of 26 U.S.C. Sec. 7203 . We have jurisdiction under 28 U.S.C. Sec. 2255 . We review de novo, United States v. Angelone, 894 F.2d 1129, 1130 (9th Cir.1990), and affirm. 3 Donaldson was convicted in 1981. We reversed the conviction and remanded with instructions that a court-appointed psychiatrist evaluate his competency. After a second jury trial, Donaldson again was convicted. In his second direct appeal, we affirmed the conviction…